Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner - Restraining other co-owner from raising construction - Injunction against other co-owner can only be granted when any act of the person in possession of the property amounts to ouster prejudicial or adverse to the interest of the co-owner out of possession - Mere making of construction or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining co-sharer from raising any construction on the valuable and specific portion of suit land - Suit for partition pending in between parties - A co-sharer has no right to change nature of property till its partition takes place - However, there cannot be any bar either in law or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Restraining defendant from raising construction - Parties in possession of their respective shares - However, property not partitioned by metes and bounds - Suit for partition filed by plaintiff after renovation started by defendant - Defendant gave an undertaking that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession as on date of institution of suit - Plaintiff not entitled to relief of interim injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising any construction or changing nature of suit land - On perusal of Jamabandi as well as copies of sale deeds placed on record, Defendant nos. 3 and 4 are in possession of suit land - Plaintiffs are not recorded as owners of suit land - They cannot be said to have any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to establish his possession - Relief could not be granted, unless matter is further gone into merits with regard to title and possession in main suit - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea that trial Court should have passed an order of status quo instead of passing an order of temporary injunction - Trial Court while deciding application for temporary injunction is required to give a finding as to which party is in possession of the property in dispute - By directing parties to..........
